Legal Question in Real Estate Law in Illinois

Can a HOA charge a $100 a day fine for a bylaw violation that was corrected 5 weeks before notification?

We have attempted to hit highlights here;

- Our condo has a no-pet policy that we found out about less that 2 weeks before closing

o We had to submit an application to live in the building before we saw the by-laws and did not indicate we had a dog

- The Management Association told us we could be granted an exception due to our dogs age and medical needs (he was a 12 year old lab with Addison�s disease)

- We moved in with our dog under the assumption we could possibly be granted this exception after clearly communicating to the Management Company representation he would be moving in

- The HOA board told us the concept of an �exception� doesn�t exist and instead we would need to change the by-law altogether, which they would not do

- They asked us to sign a document saying we would remove him within 5 days or they would fine us $100 a day, we would not sign but removed the dog within 7 days

- 5 weeks later the board informed us we were being fined $1,700, $100 for every day he lived in the building

We were hoping to get your opinion on whether we are liable for the $1,700 and should pay it, if given the facts we are liable for less than $1,700, or if we should not be liable for anything


Asked on 3/22/12, 1:56 pm

1 Answer from Attorneys
Stephen Messutta

Hopefully you have records of some kind showing what you were told? There should be an appeal process for this matter under the association rules and they should inform you what the procedure is when they notify you of a fine. Take advantage of the appeal process.

While you should have been given all the relevant rules, etc. when you were still under contract and evaluating the situation, and may have had a chance to cancel, it's a bit late now if in fact the no dog rule was something that you or your attorney should have checked into. If, however, the Association or its management company misinformed you and you can document this, it may go to mitigate against the fines, or may not....

Read more
Answered on 3/22/12, 2:35 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Illinois